General question RE: Halfiz & BOS CCA...

[MrBrightside]

Hello everyone, I hope you are all well and not letting anyone or thing grind you down...

 

I have both Halifax, and BOS credit cards both taken out around 2004.

 

This is a 'what do I do next?' type query:

 

 

 

 

 

29th Dec, 08: Sent my £1 for CCA.

 

 

24rd Jan 09: Received photocopy of T & C leaftlet fob-off.

 

 

2nd Feb 09: Sent letter stating T & C photocopy insufficient.

 

 

18th Feb 09: Received copy of CCA's for both HALIFAX & BOS which I STRONGLY believe are cut and paste jobs. Interestingly also they are both signed by me but not dated, and I can't remeber the last time I didn't dated 1 signatured document let alone 2!!! But that is not why I am posting, just an aside.

 

 

 

I am still paying both cards incidentaley, as I genuinely can't remember what I signed with them. Also I am on benefits at the moment as I lost my job.

 

 

 

 

 

My question are as follows:

 

 

(1) As I believe my signatures have been lifted/copied onto the docs, is my next step to request a Subject Access Request?

 

My reasoning is twofold...(A) if they supply everything they have then if it goes to court and they produce something later (the real CCA?) they will be looked upon unfavourabley for not supplying everything. (B) I might see a matching document where they have taken my signature(s) from and thus prove a cut and copy has taken place.

 

 

(2) The forms are not dated by me although they appear to be signed..despite it requesting a date next to the signature. Are they (the CCA's) still enforceable if not dated by me?

 

(My thoughts are that they copied the signatures onto the document but had none of my writing with dates on to copy and so chose to leave them blank).

 

 

(3) If I request an SAR by sending them a letter plus £10...will I get everything relating to BOTH Halfiax and BOS accounts (I have one credit card with each and one current account with each) or do I need to send £10 per Credit Card?

 

 

(4) How long do I have to wait for an SARrequest to be fulfilled, and what do I do if they fob me off, or ignore the request.

 

 

(5) any further advice would be greatly appreciated. My intent is to have the debt unenforceable or make an offer they accept, or at the very least freeze the interest.

[MrBrightside]

Hello anyone out there????

[djc]

hello mr brightside

it may be a little early for the regular posters so please be patient.

 

to develop your own dilemma a little further i recently cca on my credit card and received a very similiar response from the halifax. taken out about 2003.

 

we believe that when we cca them we quoted the current credit card number but we ought to have quoted the original account number( they changed it in 2006 and never notified us of the change. so when you do cca them ensure you ask for the original account. if this applies to your account. if they then send you another copy of your agreement with same terms and conditions and signatures you may have them for abuse of process and possibly more.

 

good luck

 

djc

[MrBrightside]

Thanks djc, I may well try that. Also if I SAR them then maybe there will be docs will matching signatures on that will prove they were lifted from them and later added to my agreements?

 

Also can anyone tell me if the CCA's are enforceable if they have not been dated by me?

[djc]

mr brightside

 

concerning your question of 'if the date of your signature is ommitted can this make the cca unenforceable'

 

if a date of signature is missing it is possible that an infringement is committed but not necessarily a serious enough breach that would make the cca unenforceable.

 

maybe one of the legal eagles may comment on this in due course. as we would hate to give misleading information.

 

djc